TCPA Blog contributors Mike Daly, Matt Fedor and Andy Van Houter authored “An Important Class Issue the High Court Left Unresolved” for Law360.
In its ruling in Campbell-Ewald Co. v. Gomez, the Supreme Court found that an unaccepted offer of judgment made under Federal Rule 68 does not moot a plaintiff’s claim. But the Court expressly left open the possibility that actually tendering funds to an individual plaintiff could moot the claims. Two circuit courts, however, have recently found that a tender cannot moot the claims, with rulings in Fulton Dental LLC. v. Bisco Inc. and Radha Geismann, M.D. PC v. ZocDoc Inc. Continue reading